In consequence of this petition, an order was immediately issued by the Lordships, directing that town of Lowestoft, and also the northern and west country fishermen, should be permitted to carry on the said fishery as usual, without any interruption or molestation from the Yarmouth men, until such time as the judges had delivered their report concerning the statutes of 31 Edward III, and 2 Richard II.
DIE LUNÆ, 22º July, 1661.Ordered by the Lords in Parliament assembled, that the northern and western fishermen are hereby empowered to fish this season of the herring fishery about the town of Yarmouth, as formerly they have done, for three years before the last year, with a salvo to the said town of Yarmouth and thetown of Lowestoft; the right of which fishing now depends before the Lords in Parliament.JOHN BROWNE, Cleric Parliamenti.THE ORDER.Whereas there is a controversy depending in the House of Lords assembled in Parliament, between the inhabitants of the town of Lowestoft in the county of Suffolk, and the town of Great Yarmouth, in the county of Norfolk, concerning the right and free trade of herring fishing, and of buying and selling the said fish. And whereas upon hearing of the counsel on both sides, it is ordered, by the said Lords, That it be referred to the judges, to consider whether the statute of 31 Edward III, ch. i and ii be repealed by the statute of 2 Richard II, ch. vii, or by any other statute; and that the judges are to deliver their opinion unto the said House of Lords. And in regard much damage may arise, not only to the inhabitants of the aforesaid towns of Lowestoft and Yarmouth, and also to the northern and western fishermen, as well as to his Majesty’s kingdom in general, if some course be not taken for the preservation of the said free trade of herring fishing: be it therefore enacted, by the King’s most excellent Majesty, with the Lords and Commons assembled in Parliament, that fishermen from henceforth shall and may have free liberty and full power to sell herring at all times, at their pleasure, at the town of Lowestoft, or elsewhere, and shall not be compelled to carry the same to Yarmouth; any statute, custom, or usage to the contrary thereof, in any wise notwithstanding: provided that this Act is only to continue and stand in force until the judges have certified their opinions to the House of Lords as aforesaid, and the said differences be settled, and the rights be established and confirmed to such party as the same by law doth properly appertain.
DIE LUNÆ, 22º July, 1661.
Ordered by the Lords in Parliament assembled, that the northern and western fishermen are hereby empowered to fish this season of the herring fishery about the town of Yarmouth, as formerly they have done, for three years before the last year, with a salvo to the said town of Yarmouth and thetown of Lowestoft; the right of which fishing now depends before the Lords in Parliament.
JOHN BROWNE, Cleric Parliamenti.
THE ORDER.
Whereas there is a controversy depending in the House of Lords assembled in Parliament, between the inhabitants of the town of Lowestoft in the county of Suffolk, and the town of Great Yarmouth, in the county of Norfolk, concerning the right and free trade of herring fishing, and of buying and selling the said fish. And whereas upon hearing of the counsel on both sides, it is ordered, by the said Lords, That it be referred to the judges, to consider whether the statute of 31 Edward III, ch. i and ii be repealed by the statute of 2 Richard II, ch. vii, or by any other statute; and that the judges are to deliver their opinion unto the said House of Lords. And in regard much damage may arise, not only to the inhabitants of the aforesaid towns of Lowestoft and Yarmouth, and also to the northern and western fishermen, as well as to his Majesty’s kingdom in general, if some course be not taken for the preservation of the said free trade of herring fishing: be it therefore enacted, by the King’s most excellent Majesty, with the Lords and Commons assembled in Parliament, that fishermen from henceforth shall and may have free liberty and full power to sell herring at all times, at their pleasure, at the town of Lowestoft, or elsewhere, and shall not be compelled to carry the same to Yarmouth; any statute, custom, or usage to the contrary thereof, in any wise notwithstanding: provided that this Act is only to continue and stand in force until the judges have certified their opinions to the House of Lords as aforesaid, and the said differences be settled, and the rights be established and confirmed to such party as the same by law doth properly appertain.
The judges soon after returned from the circuit; but in consequence of the many important affairs they were engaged in, respecting the nation, they were unable to appoint a day for hearing the allegations of the respective parties before the 4th December; when, at a meeting of their Lordships for that purpose, they appointed the 24th of January next ensuing, at three o’clock in the afternoon, for both parties, with their respective counsel, to appear before them at Sergeants’ Inn Hall, in Fleet street, in order to examine the complaints of the several parties, and to hear what each of them had to advance in support of their respective privileges and pretensions.
DECEMBER 4TH. 1661.We do appoint Friday the 24th of January, next ensuing, at three of the clock in the afternoon to hear the matter in difference between the bailiffs of Great Yarmouth in the county of Norfolk, and the inhabitants of Lowestoft, in the county of Suffolk; at which time both parties are desired to attend us, with their counsel, at Serjeant’s Inn Hall, Fleet Street.R.Foster,Alan Bridgeman,Matthew Hale,Tho. Malet,Robert Hyde,Edwd. Atkyns,Thomas Twisden,Thomas Tyrrel,Wm. Wyndham,Ch. Turner.Com. Board.In consequence of this appointment of the judges, both the parties, with their counsel, appeared before their Lordships on the 24th of January; who, after hearing what each party had to advance in support of their several pretensions and also duly investigating their respective claims and privileges, they soon after made their report of the same to the House of Lords; and in consequence thereof it was ordered by their Lordships, that the counsel belonging to each party do attend at the bar of that House, on Wednesday, the 26th of that instant February, at nine o’clock in the morning, in order to sum up the evidence, given at a hearing of the cause, before their Lordships, and to state the case to the House, that such a final determination may be passed as their Lordships shall think just and reasonable.DIE SABBATHI, 20ºFebry., 1661.Upon the report of the Lord Chief Justice of the Common Pleas, concerning the business relating to the towns of Yarmouth and Lowestoft, concerning their fishing; and a petition of the inhabitants of the said town of Lowestoft, read this day after the report was made; it was ordered by the Lords spiritual and temporal in Parliament assembled, That the Counsel onboth sides are to be heard at the bar on Wednesday next, the twenty-sixth of this instant February, at nine of the clock in the morning, to sum up the evidence formerly given at a hearing before their Lordships, and to state the case to the House, that such determination may be given therein as their Lordships shall think fit.JO. BROWNE, Cleric. Parliamenti.
DECEMBER 4TH. 1661.
We do appoint Friday the 24th of January, next ensuing, at three of the clock in the afternoon to hear the matter in difference between the bailiffs of Great Yarmouth in the county of Norfolk, and the inhabitants of Lowestoft, in the county of Suffolk; at which time both parties are desired to attend us, with their counsel, at Serjeant’s Inn Hall, Fleet Street.
R.Foster,Alan Bridgeman,Matthew Hale,Tho. Malet,Robert Hyde,Edwd. Atkyns,Thomas Twisden,Thomas Tyrrel,Wm. Wyndham,Ch. Turner.
Com. Board.
In consequence of this appointment of the judges, both the parties, with their counsel, appeared before their Lordships on the 24th of January; who, after hearing what each party had to advance in support of their several pretensions and also duly investigating their respective claims and privileges, they soon after made their report of the same to the House of Lords; and in consequence thereof it was ordered by their Lordships, that the counsel belonging to each party do attend at the bar of that House, on Wednesday, the 26th of that instant February, at nine o’clock in the morning, in order to sum up the evidence, given at a hearing of the cause, before their Lordships, and to state the case to the House, that such a final determination may be passed as their Lordships shall think just and reasonable.
DIE SABBATHI, 20ºFebry., 1661.
Upon the report of the Lord Chief Justice of the Common Pleas, concerning the business relating to the towns of Yarmouth and Lowestoft, concerning their fishing; and a petition of the inhabitants of the said town of Lowestoft, read this day after the report was made; it was ordered by the Lords spiritual and temporal in Parliament assembled, That the Counsel onboth sides are to be heard at the bar on Wednesday next, the twenty-sixth of this instant February, at nine of the clock in the morning, to sum up the evidence formerly given at a hearing before their Lordships, and to state the case to the House, that such determination may be given therein as their Lordships shall think fit.
JO. BROWNE, Cleric. Parliamenti.
The House of Lords being assembled on the 26th February, 1661–2, the Council on both sides were called to the bar of the House; when, after a full hearing of their respective evidence, and duly weighing the report of the judges, and after a long and serious debate amongst their Lordships concerning the whole matter; it was resolved, declared, and adjudged, by a vote of the Lords spiritual and temporal, that since the judges, in their report, had given their opinion, that the statute of the 31st of Edward III, chap.Iand it hath not been repealed by the statute, but continues in full force and effect; but that concerning the principal point in dispute, viz., From what place the seven miles, the boundary of the liberties of Yarmouth, (and mentioned in the said statute of the 31st of Edward III) was to be measured, had been left by the judges to the determination of their Lordships. Therefore it was ordered by their Lordships that an admeasurement of the said seven miles should actually be made some time between that day and the 24th of June next, by the several and respective sheriffs of the counties of Norfolk and Suffolk, beginning from thecrane keyin the haven of Great Yarmouth aforesaid; and at the end thereof a new post should be erected, to denote the termination of the same; and within which extent the said bailiffs and corporation of Yarmouth were to enjoy their full privileges and immunities as the said statute of the 31st of Edward III and their other charters do afford them, and no farther.
DIE MERCURII, 26º Feby., 1661–2.Upon hearing counsel on the twentieth day of June last, at the bar, on the behalf of the inhabitants of Lowestoft, in the county of Suffolk, plaintiffs; and the counsel for the bailiffs of Great Yarmouth, in the county of Norfolk, on the behalf of themselves and that corporation, defendants; upon their several petitions depending before the Lords in Parliament, concerning the herring-fishing, and buying and selling of herrings in the fair of Great Yarmouth aforesaid; it was then ordered by this house to be referred to the judges to consider whether the statue of the 31st of Edward III. ch. i. and ii., be repealed by the statute of the 2nd of Richard II. ch. vii., or by any other statute. And that the counsel on both sides should attend the said judges in that behalf; and a report having been since made unto this House by the Lord Chief Justice of the Common Pleas, that he and others of the judges had, according to the said order of the twentieth of June, heard the counsel on both sides, and considered of the statutes therein referred to them; and that they all are of opinion, that neither the statute of the 2nd of Richard II. nor any other statute, had repealed the statute of the 31st of Edward III.; but that the said statute of the 31st of Edward III., in that behalf, is in full force and effect. But as for the great matter of the differences between the petitioners, and the town of Yarmouth, concerning from what place the seven miles mentioned in the said statute of the 31st of Edward III., was to be measured, the judges had left that point to the determination of this House. Whereupon the Lords this day heard the counsel on both sides at the bar, in order to sum up the evidence formerly given before their Lordships; who also stated the cause to the House. And after a long and serious debate amongst their Lordships, it is resolved, declared, and adjudged, by the votes of the Lords spiritual and temporal, in Parliament assembled, That there shall be a measurement made between this day and the 24th of June next after the date hereof, by the several and respective sheriffs of the counties of Norfolk and Suffolk, from thecrane keyin the haven of Great Yarmouth aforesaid, to extend seven measured miles from the said crane key, and no farther; at which place a new post is to be set up, to bound the limits aforesaid. Within which extent the said bailiffs and corporation of Yarmouth are to enjoy their full privileges and immunities, as the said statute of the 31st of Edward III. and their charters do afford them, and no farther.Jo Brown, Cleric. Parliamenti.
DIE MERCURII, 26º Feby., 1661–2.
Upon hearing counsel on the twentieth day of June last, at the bar, on the behalf of the inhabitants of Lowestoft, in the county of Suffolk, plaintiffs; and the counsel for the bailiffs of Great Yarmouth, in the county of Norfolk, on the behalf of themselves and that corporation, defendants; upon their several petitions depending before the Lords in Parliament, concerning the herring-fishing, and buying and selling of herrings in the fair of Great Yarmouth aforesaid; it was then ordered by this house to be referred to the judges to consider whether the statue of the 31st of Edward III. ch. i. and ii., be repealed by the statute of the 2nd of Richard II. ch. vii., or by any other statute. And that the counsel on both sides should attend the said judges in that behalf; and a report having been since made unto this House by the Lord Chief Justice of the Common Pleas, that he and others of the judges had, according to the said order of the twentieth of June, heard the counsel on both sides, and considered of the statutes therein referred to them; and that they all are of opinion, that neither the statute of the 2nd of Richard II. nor any other statute, had repealed the statute of the 31st of Edward III.; but that the said statute of the 31st of Edward III., in that behalf, is in full force and effect. But as for the great matter of the differences between the petitioners, and the town of Yarmouth, concerning from what place the seven miles mentioned in the said statute of the 31st of Edward III., was to be measured, the judges had left that point to the determination of this House. Whereupon the Lords this day heard the counsel on both sides at the bar, in order to sum up the evidence formerly given before their Lordships; who also stated the cause to the House. And after a long and serious debate amongst their Lordships, it is resolved, declared, and adjudged, by the votes of the Lords spiritual and temporal, in Parliament assembled, That there shall be a measurement made between this day and the 24th of June next after the date hereof, by the several and respective sheriffs of the counties of Norfolk and Suffolk, from thecrane keyin the haven of Great Yarmouth aforesaid, to extend seven measured miles from the said crane key, and no farther; at which place a new post is to be set up, to bound the limits aforesaid. Within which extent the said bailiffs and corporation of Yarmouth are to enjoy their full privileges and immunities, as the said statute of the 31st of Edward III. and their charters do afford them, and no farther.
Jo Brown, Cleric. Parliamenti.
Thus was this great and litigious contest at length finally determined; and therefore the next business necessary to be undertaken on the part of Lowestoft, was to see that the order of the House was carried into execution. In order to this purpose a letter, addressed to the bailiffs of Yarmouth, was sent from the gentlemen concerned for Lowestoft, acquainting them with the decision of the Lords; and also further informing them, that as the time limited by their Lordships for making the admeasurement would expire on the 24th of June next ensuing, they requested that they would resolve upon a certain day, during that interval, on which the men of Lowestoft, together with the sheriffs, might attend them, and make the said admeasurement.
To the Bailiffs of Great Yarmouth,Norfolk,March 4th, 1661–2.Gentlemen,—There having been a controversy depending between the towns of Lowestoft in Suffolk, and Great Yarmouth in Norfolk, for a very long time concerning the herring fishing, which, after several hearings the last year before his Majesty in Council, he was graciously pleased to refer the matter to the Lords in Parliament, who having heard at their bar the learned counsel on both sides, and where the case was also stated; after a long and serious debate among their Lordships, it was resolved, declared and adjudged, by the votes of the Lords spiritual and temporal assembled, that there shall be a measurement made between this day (the 26th of February) and the 24th of June next after the date thereof, by the several and respective sheriffs of the counties of Norfolk and Suffolk, from the crane key in the haven of Great Yarmouth aforesaid, and to extend seven measured miles and no farther; at which place a new post is to be set up, to bound the limits aforesaid. And in order thereunto, we, whose names are hereunto subscribed, do desire that you will affix a certain time, when and where you will please to meet and make the said admeasurement that accordingly you may be attended by,Gentlemen, your Servants,John Pettus,Geo. Reeve,Richd. Cooke,John Bayspoole,Henry Felton,John Rous,Robert Brooke,Thos. Waldgrave,Edmund Pooley.
To the Bailiffs of Great Yarmouth,Norfolk,
March 4th, 1661–2.
Gentlemen,—There having been a controversy depending between the towns of Lowestoft in Suffolk, and Great Yarmouth in Norfolk, for a very long time concerning the herring fishing, which, after several hearings the last year before his Majesty in Council, he was graciously pleased to refer the matter to the Lords in Parliament, who having heard at their bar the learned counsel on both sides, and where the case was also stated; after a long and serious debate among their Lordships, it was resolved, declared and adjudged, by the votes of the Lords spiritual and temporal assembled, that there shall be a measurement made between this day (the 26th of February) and the 24th of June next after the date thereof, by the several and respective sheriffs of the counties of Norfolk and Suffolk, from the crane key in the haven of Great Yarmouth aforesaid, and to extend seven measured miles and no farther; at which place a new post is to be set up, to bound the limits aforesaid. And in order thereunto, we, whose names are hereunto subscribed, do desire that you will affix a certain time, when and where you will please to meet and make the said admeasurement that accordingly you may be attended by,
Gentlemen, your Servants,
John Pettus,Geo. Reeve,Richd. Cooke,John Bayspoole,Henry Felton,John Rous,Robert Brooke,Thos. Waldgrave,Edmund Pooley.
Accordingly the 27th of May was as agreed on by the respective parties to meet and undertake the admeasurement of the said seven miles; but the Yarmouth men being so much disappointed and chagrined at the late decision of the House of Lords in favour of the town of Lowestoft, and also perceiving that all their attempts for carrying into execution their favourite and long-projected scheme of wholly excluding the town of Lowestoft from the herring-fishery, and monopolising it to themselves, totally frustrated, that they had recourse to stratagem, and endeavoured to accomplish by artifice what they were unable to obtain by legal proceedings. In order, therefore, to effect their designs, they endeavoured to evade the order of the House, by attempting to prevent its being carried into execution. For which purpose they not only prevailed upon Sir Richard Bacon, the high sheriff of Norfolk, to be absent at making the admeasurement, but also so far influenced the under sheriff, Mr. Roger Smith, that when the gentlemen appointed to superintend it were assembled at Yarmouth, in order to undertake it, the said under sheriff absolutely refused to concur with them therein, expecting thereby to render every measure that should be then taken, totally void and of none effect. A circumstantial account of the proceedings in this very extraordinary business, as well as the opinion and behaviour of the Lowestoft people concerning the same, will more fully appear from the following narrative of the case, as drawn up soon after by special order and appointment:
A NARRATIVEConcerning the proceedings upon an order of the House of Lords, bearing date the 26th of February, 1661–2; wherein the determination of the admeasurement of the seven miles from the crane key in Yarmouth, towards Lowestoft, was referred to the two several and respective sheriffs of Norfolk and Suffolk.WE, whose names are underwritten (whereof seven of us are the next adjacent justices of the peace, and of equal regard to the interests of both towns—Sir John Playters, Sir George Woodhouse, Sir Henry Bacon, SirJohn Pettus, Sir William Coke, John Bedingfield, Esq., and Thomas Scrivener, Esq., besides many other gentlemen of quality in both counties), being solicited by the inhabitants of Lowestoft, and also sensible of the great importance the adjusting of the differences, and the admeasurement of the said seven miles is of, not only to the peace and advantage of the respective parties in particular, but to the fishery of this kingdom in general, did, on the 27th of May, at nine o’clock in the morning, attend the arrival of the sheriffs at the foot of the bridge entering the town of Yarmouth, being the place and day appointed by the sheriffs.And whereas about eleven o’clock the under sheriff of Norfolk appeared, and made his excuse for the high sheriff, namely, “That he was at his house, about thirty miles distant, and not in health.” But that he, the under sheriff, was sufficiently empowered to dispatch the business. Soon after the under sheriff appeared the second time, and informed us that he expected the high sheriff, and desired that his employment in this business might be suspended as long as possible. So that, apprehending we should be disappointed of both the high sheriffs, and conceiving the under sheriffs might proceed in the undertaking, the town of Lowestoft desired (because the day was far spent, and lest our journey and trouble might be to no purpose) that the under sheriffs would undertake and begin the admeasurement.On this proposal, the under sheriff for Norfolk made several cavils concerning the House of Lords, declaring that it was not of sufficient validity to dispose of other people’s right; and that there was no certain and legal mode of composing the differences, but by a trial at common law.On the other hand, the town of Lowestoft insisted on his obedience to their Lordships’ order, and pressed him that he would undertake and begin the admeasurement from the crane key, according to order. The under sheriff replied, that the whole river, from the bridge to the haven’s mouth, (which extends full two miles) was the crane key, as he had been informed; and that the admeasurement might as properly begin at the haven’s mouth as at any other place.On this assertion, some of us (for better satisfaction) went into the town of Yarmouth, and viewed the place; and found that there was no other crane standing between the bridge and the haven’s mouth, but only that which is mentioned in their Lordships’ order. And that this key, upon which the crane now standeth, hath ever been called the crane key, and no other; as was testified by several ancient Yarmouth men. It is true that there are several other keys, belonging to private persons, but those keys are maintained at the particular charge of the owners. But this key whereon the crane standeth is town ground, and doth solely belong to the town, and hath been called so time out of mind, and is placed just opposite to their Custom House. And the ground whereon their crane standeth is abutted and bounded by Mr. George England’s key towards the south, and Mr. James Johnson’s key towards the north, by the haven on the west, and the Custom House on the east. And there is no crane upon any other key; so that we affirmed that there could be no other crane key but this, from whence the admeasurement ought to begin. But the under sheriff told us, that he was not satisfied that he ought to begin at that place, because the name of the key was so general; notwithstanding, for above a mile and a half by the river, there is no key, nor crane, but upon the aforesaid public key.Whereupon we advised the under sheriff of Norfolk to begin where his own reason dictated, and to certify the place to the House of Lords, and the reasons for their begining there, and to leave the determination thereof to their Lordships. But the under sheriff refused to comply with this proposal, and still persisted to affirm that there Lordships had no legal power to alienate any person’s right to another. To which we replied, That their Lordships’ order was not giving away another person’s right, but an explanation or direction how that right might be enjoyed: and that it was not intended that the least portion should be taken from the seven miles, (which is all that the Yarmouth men have a just claim to), but to point out where the seven miles ought to begin, and where to end, according to their Lordships’ order.But the under sheriff still continuing obstinate, retired from us into the town, where he dined with the bailiffs, etc.On the same day, the 27th of May, about three o’clock in the afternoon, the under sheriff of Norfolk was again requested to concur with the under sheriff of Suffolk, and assist in the said admeasurement; but he not only refused to join with him in the undertaking, but returned many unhandsome answers to some of the justices who made the request. In consequence of the refusal, the Lowestoft people entreated the under sheriff of Suffolk to engage two surveyors, of honest reputation and sufficient abilities, and proceed to the admeasurement. And although it had been more easy and advantageous for the Lowestoft men to begin the admeasurement on the other side of the crane key, or the opposite side of the water (whereby they would then have walked wholly upon Suffolk ground), yet, (that the town of Yarmouth might be privy, if they chose it, to what so nearly concerned them) the said under sheriff for Suffolk and the two surveyors (with some hazard to all our persons) began the said admeasurement from the foundation of the crane, upon the public town key, and continued to measure, in as direct a line as possible, to the place where the boat was to conduct them over to the Suffolk shore; and though they measured the breadth of the water which they crossed over, containing eighteen poles in length, yet they did not compute it in the admeasurement of the said seven miles.It was near four o’clock when they began the admeasurement; and notwithstanding the under sheriff of Norfolk exerted his utmost efforts, and in the most public manner endeavoured to obstruct their proceedings as far as the gate of the town, where he left us; and afterwards the people of the town continued to pursue us in great multitudes, with much insolence, provoking language, and many disturbances, no magistrate appearing to disperse them, yet the under sheriff at Suffolk, riding by the two surveyors, finished the admeasurement about half-an-hour before sun-set that day; the period of the seven miles falling short eighteen poles of the ancient limits of the said seven miles, exclusive of the breadth of the haven before mentioned, which was not computed in the admeasurement.During this whole transaction, two of the justices, together with the two surveyors, kept an exact account of the number of the length of every chain: and to prevent any mistakes, on the conclusion of the undertaking, the under sheriff, in the presence of the whole company, with a sealed yard and two feet rule, measured the said chain; which measure contained four poles, every pole being sixteen feet and a half, according to the statute measure of the 35th of Elizabeth, ch. vii. So that ten of those chains’ length made a furlong, and eight furlongs a mile; and on the ending of the said seven miles thus measured, the under sheriff hath ordered a post to be set up. In testimony of the proceedings, we have set our hands this 28th day of May, Anno Domi, 1662.Jo. Playters, H. Bacon, Wm. Cooke, Jo. Bedingfield, Jo. Hall, Cyriac Cooke, Tho. Leman, Rich. Palgrave, G. Woodhouse, Jo. Peltus, Wm. Crane, Rich. Vyner, Tho. Scrivener, Tho. Plumstead, Antho. Jenkinson, Wm. Gooch, Ja. Defebure, Jo. Pulham, Tho. Fulcher, surveyors; Jo. Wythe, sub-surveyor.TheTESTIMONYof theHIGH SHERIFFforSUFFOLK.May 28th, 1662.Coming the last night to Yarmouth (being the evening of the day appointed, by mutual consent, for making the admeasurement), and from thence this morning to Lowestoft, I found the persons above written remaining there; who were pleased to give me this narrative of my under sheriff’s proceedings, as above said. And I do hereby approve of the said admeasurement, as conceiving it to be a means of determining the differences of the said two towns.ROG. WILLIAMS, High Sheriff for the county of Suffolk.
A NARRATIVE
Concerning the proceedings upon an order of the House of Lords, bearing date the 26th of February, 1661–2; wherein the determination of the admeasurement of the seven miles from the crane key in Yarmouth, towards Lowestoft, was referred to the two several and respective sheriffs of Norfolk and Suffolk.
WE, whose names are underwritten (whereof seven of us are the next adjacent justices of the peace, and of equal regard to the interests of both towns—Sir John Playters, Sir George Woodhouse, Sir Henry Bacon, SirJohn Pettus, Sir William Coke, John Bedingfield, Esq., and Thomas Scrivener, Esq., besides many other gentlemen of quality in both counties), being solicited by the inhabitants of Lowestoft, and also sensible of the great importance the adjusting of the differences, and the admeasurement of the said seven miles is of, not only to the peace and advantage of the respective parties in particular, but to the fishery of this kingdom in general, did, on the 27th of May, at nine o’clock in the morning, attend the arrival of the sheriffs at the foot of the bridge entering the town of Yarmouth, being the place and day appointed by the sheriffs.
And whereas about eleven o’clock the under sheriff of Norfolk appeared, and made his excuse for the high sheriff, namely, “That he was at his house, about thirty miles distant, and not in health.” But that he, the under sheriff, was sufficiently empowered to dispatch the business. Soon after the under sheriff appeared the second time, and informed us that he expected the high sheriff, and desired that his employment in this business might be suspended as long as possible. So that, apprehending we should be disappointed of both the high sheriffs, and conceiving the under sheriffs might proceed in the undertaking, the town of Lowestoft desired (because the day was far spent, and lest our journey and trouble might be to no purpose) that the under sheriffs would undertake and begin the admeasurement.
On this proposal, the under sheriff for Norfolk made several cavils concerning the House of Lords, declaring that it was not of sufficient validity to dispose of other people’s right; and that there was no certain and legal mode of composing the differences, but by a trial at common law.
On the other hand, the town of Lowestoft insisted on his obedience to their Lordships’ order, and pressed him that he would undertake and begin the admeasurement from the crane key, according to order. The under sheriff replied, that the whole river, from the bridge to the haven’s mouth, (which extends full two miles) was the crane key, as he had been informed; and that the admeasurement might as properly begin at the haven’s mouth as at any other place.
On this assertion, some of us (for better satisfaction) went into the town of Yarmouth, and viewed the place; and found that there was no other crane standing between the bridge and the haven’s mouth, but only that which is mentioned in their Lordships’ order. And that this key, upon which the crane now standeth, hath ever been called the crane key, and no other; as was testified by several ancient Yarmouth men. It is true that there are several other keys, belonging to private persons, but those keys are maintained at the particular charge of the owners. But this key whereon the crane standeth is town ground, and doth solely belong to the town, and hath been called so time out of mind, and is placed just opposite to their Custom House. And the ground whereon their crane standeth is abutted and bounded by Mr. George England’s key towards the south, and Mr. James Johnson’s key towards the north, by the haven on the west, and the Custom House on the east. And there is no crane upon any other key; so that we affirmed that there could be no other crane key but this, from whence the admeasurement ought to begin. But the under sheriff told us, that he was not satisfied that he ought to begin at that place, because the name of the key was so general; notwithstanding, for above a mile and a half by the river, there is no key, nor crane, but upon the aforesaid public key.
Whereupon we advised the under sheriff of Norfolk to begin where his own reason dictated, and to certify the place to the House of Lords, and the reasons for their begining there, and to leave the determination thereof to their Lordships. But the under sheriff refused to comply with this proposal, and still persisted to affirm that there Lordships had no legal power to alienate any person’s right to another. To which we replied, That their Lordships’ order was not giving away another person’s right, but an explanation or direction how that right might be enjoyed: and that it was not intended that the least portion should be taken from the seven miles, (which is all that the Yarmouth men have a just claim to), but to point out where the seven miles ought to begin, and where to end, according to their Lordships’ order.
But the under sheriff still continuing obstinate, retired from us into the town, where he dined with the bailiffs, etc.
On the same day, the 27th of May, about three o’clock in the afternoon, the under sheriff of Norfolk was again requested to concur with the under sheriff of Suffolk, and assist in the said admeasurement; but he not only refused to join with him in the undertaking, but returned many unhandsome answers to some of the justices who made the request. In consequence of the refusal, the Lowestoft people entreated the under sheriff of Suffolk to engage two surveyors, of honest reputation and sufficient abilities, and proceed to the admeasurement. And although it had been more easy and advantageous for the Lowestoft men to begin the admeasurement on the other side of the crane key, or the opposite side of the water (whereby they would then have walked wholly upon Suffolk ground), yet, (that the town of Yarmouth might be privy, if they chose it, to what so nearly concerned them) the said under sheriff for Suffolk and the two surveyors (with some hazard to all our persons) began the said admeasurement from the foundation of the crane, upon the public town key, and continued to measure, in as direct a line as possible, to the place where the boat was to conduct them over to the Suffolk shore; and though they measured the breadth of the water which they crossed over, containing eighteen poles in length, yet they did not compute it in the admeasurement of the said seven miles.
It was near four o’clock when they began the admeasurement; and notwithstanding the under sheriff of Norfolk exerted his utmost efforts, and in the most public manner endeavoured to obstruct their proceedings as far as the gate of the town, where he left us; and afterwards the people of the town continued to pursue us in great multitudes, with much insolence, provoking language, and many disturbances, no magistrate appearing to disperse them, yet the under sheriff at Suffolk, riding by the two surveyors, finished the admeasurement about half-an-hour before sun-set that day; the period of the seven miles falling short eighteen poles of the ancient limits of the said seven miles, exclusive of the breadth of the haven before mentioned, which was not computed in the admeasurement.
During this whole transaction, two of the justices, together with the two surveyors, kept an exact account of the number of the length of every chain: and to prevent any mistakes, on the conclusion of the undertaking, the under sheriff, in the presence of the whole company, with a sealed yard and two feet rule, measured the said chain; which measure contained four poles, every pole being sixteen feet and a half, according to the statute measure of the 35th of Elizabeth, ch. vii. So that ten of those chains’ length made a furlong, and eight furlongs a mile; and on the ending of the said seven miles thus measured, the under sheriff hath ordered a post to be set up. In testimony of the proceedings, we have set our hands this 28th day of May, Anno Domi, 1662.
Jo. Playters, H. Bacon, Wm. Cooke, Jo. Bedingfield, Jo. Hall, Cyriac Cooke, Tho. Leman, Rich. Palgrave, G. Woodhouse, Jo. Peltus, Wm. Crane, Rich. Vyner, Tho. Scrivener, Tho. Plumstead, Antho. Jenkinson, Wm. Gooch, Ja. Defebure, Jo. Pulham, Tho. Fulcher, surveyors; Jo. Wythe, sub-surveyor.
TheTESTIMONYof theHIGH SHERIFFforSUFFOLK.
May 28th, 1662.
Coming the last night to Yarmouth (being the evening of the day appointed, by mutual consent, for making the admeasurement), and from thence this morning to Lowestoft, I found the persons above written remaining there; who were pleased to give me this narrative of my under sheriff’s proceedings, as above said. And I do hereby approve of the said admeasurement, as conceiving it to be a means of determining the differences of the said two towns.
ROG. WILLIAMS, High Sheriff for the county of Suffolk.
All the gentlemen who have signed the narrative, together with the other persons of distinction who had attended the admeasurement, and also the high sheriff and under sheriff for the county of Suffolk, were entertained by the town the next day, viz.: the 28th May, at the Swan inn, at Lowestoft. This house, at that time, was the principal inn in the town; and was situated on the east side of the High street, on the south side of the passage leading to the sea, called, from the adjoining inn, the Swan score; as was also the opposite lane called the Swan Lane. In an apartment in this inn Oliver Cromwell was entertained when he came to Lowestoft.
On the evening of the 27th May, the gentlemen who had attended the admeasurement, met the gentlemen of Lowestoft, at the Swan inn in this town, and the next day was spent in great festivity and rejoicing, for having so happily concluded this important undertaking; and on the 20th of June following the post was erected, according to the order of the House of Lords.
The next business which the Lowestoft men proceeded to examine into, was the conduct of the under sheriff of Norfolk, respecting his contemptuous behaviour at the late admeasurement to the order of the House of Lords; and thereupon resolved to present a petition to their lordships, complaining of the under sheriff’s conduct in that affair; and also of the insults which they had received from the Yarmouth men during the late herring season, notwithstanding their lordships’ orders to the contrary: and therefore prayed their lordships to enforce their said order for the admeasurement, and to issue such further orders for the future security of their petitioners as might protect them against any insults or interruptions of their powerful and malicious enemies.
To the right honourable the LORDS Spiritual and Temporal, in Parliament assembled,The humble PETITION of the INHABITANTS of the town of LOWESTOFT in SUFFOLK,ShewethThat after several hearings before your lordships in Parliament concerning the herring fishery, between your petitioners and the town of Great Yarmouth, the matter of difference being from what place the seven miles mentioned in the statute of the 31st of Edward III were to be measured, your lordships were pleased, by your vote of the 26th February, 1661–2, ‘To resolve, declare, and adjudge, That an admeasurement should be made between that time and the 24th of June following, by the respective sheriffs of Norfolk and Suffolk, from the crane key of Yarmouth, and to extend seven miles towards Lowestoft and no further. At which place a new post was to be set up, to bound the limits aforesaid; and within which extent the Corporation of Yarmouth were to enjoy their full privileges, and no further. That thereupon your petitioners attended the said sheriffs, who, in pursuance of your lordships said order, appointed the 27th of May then next following, to meet at Yarmouth and make the admeasurement accordingly. At which time their respective under sheriffs did meet; but the under sheriff of Norfolk refused to join to make the admeasurement, declaring that your lordships’ order was not of sufficient validity to give away another’s right. That your petitioners insisted on his obedience to your lord-ships’ order, and requested the under sheriff of Suffolk (in case the other would not join) to begin to measure the seven miles; who taking to him two surveyors, did, in the presence of many justices of the peace and gentlemen of quality, with a chain, measure from the said crane key, seven miles towards Lowestoft; and at the end thereof caused a new pole to be set up, and the high sheriff of Suffolk, under his hand, approved thereof, as by a narrative hereunto annexed doth more fully appear. That the town of Yarmouth (notwithstanding your lordships’ order) has since come with boats, during this last herring season, and disturbed your petitioners and divers fishers, near three miles beyond the said post towards Lowestoft, even in their south roads, chasing the fishermen, and enforcing them to carry all their herrings to Yarmouth; and by reason of the plenty thither carried, the Yarmouth men have set the price of them from 50s. down to 30s. per last, and some under; and some were enforced to throw their herrings away. So that the poor fishers, by reason of the small price, did not get a sufficiency to make good their tackling, to the apparent ruin of the fishers, the great damage to the whole kingdom, and the utter undoing of your petitioners; they being impoverished and wearied out with the endless suits of their great and powerful adversaries.Wherefore your petitioners humbly pray, that your lordships would be pleased to ratify and confirm the aforesaid admeasurement, made in pursuance of your lordships’ order, and that out of your great wisdoms you will be graciously pleased to provide for the future security and quiet of your poor petitioners and fishermen; whereby they may with peace and comfort use and enjoy their trade of herring fishing, as formerly they have done, free from the disturbance of their powerful and malicious adversaries.And your petitioners, as in duty bound, shall ever pray,
To the right honourable the LORDS Spiritual and Temporal, in Parliament assembled,
The humble PETITION of the INHABITANTS of the town of LOWESTOFT in SUFFOLK,
Sheweth
That after several hearings before your lordships in Parliament concerning the herring fishery, between your petitioners and the town of Great Yarmouth, the matter of difference being from what place the seven miles mentioned in the statute of the 31st of Edward III were to be measured, your lordships were pleased, by your vote of the 26th February, 1661–2, ‘To resolve, declare, and adjudge, That an admeasurement should be made between that time and the 24th of June following, by the respective sheriffs of Norfolk and Suffolk, from the crane key of Yarmouth, and to extend seven miles towards Lowestoft and no further. At which place a new post was to be set up, to bound the limits aforesaid; and within which extent the Corporation of Yarmouth were to enjoy their full privileges, and no further. That thereupon your petitioners attended the said sheriffs, who, in pursuance of your lordships said order, appointed the 27th of May then next following, to meet at Yarmouth and make the admeasurement accordingly. At which time their respective under sheriffs did meet; but the under sheriff of Norfolk refused to join to make the admeasurement, declaring that your lordships’ order was not of sufficient validity to give away another’s right. That your petitioners insisted on his obedience to your lord-ships’ order, and requested the under sheriff of Suffolk (in case the other would not join) to begin to measure the seven miles; who taking to him two surveyors, did, in the presence of many justices of the peace and gentlemen of quality, with a chain, measure from the said crane key, seven miles towards Lowestoft; and at the end thereof caused a new pole to be set up, and the high sheriff of Suffolk, under his hand, approved thereof, as by a narrative hereunto annexed doth more fully appear. That the town of Yarmouth (notwithstanding your lordships’ order) has since come with boats, during this last herring season, and disturbed your petitioners and divers fishers, near three miles beyond the said post towards Lowestoft, even in their south roads, chasing the fishermen, and enforcing them to carry all their herrings to Yarmouth; and by reason of the plenty thither carried, the Yarmouth men have set the price of them from 50s. down to 30s. per last, and some under; and some were enforced to throw their herrings away. So that the poor fishers, by reason of the small price, did not get a sufficiency to make good their tackling, to the apparent ruin of the fishers, the great damage to the whole kingdom, and the utter undoing of your petitioners; they being impoverished and wearied out with the endless suits of their great and powerful adversaries.
Wherefore your petitioners humbly pray, that your lordships would be pleased to ratify and confirm the aforesaid admeasurement, made in pursuance of your lordships’ order, and that out of your great wisdoms you will be graciously pleased to provide for the future security and quiet of your poor petitioners and fishermen; whereby they may with peace and comfort use and enjoy their trade of herring fishing, as formerly they have done, free from the disturbance of their powerful and malicious adversaries.
And your petitioners, as in duty bound, shall ever pray,
In consequence of this petition, the House of Lords, on the 30th of April, 1603, issued a warrant, directed to the Serjeant-at-Arms, to apprehend the body of Robert Smith, late under sheriff of the county of Norfolk, as a delinquent, for acting against the honour and dignity of that house, and to bring him forthwith before the Lords in Parliament assembled to answer for his said great offence.
DIE LUNÆ, 13º April, 1663.The house being this day certainly informed by oath, that Roger Smith, late under sheriff of the county of Norfolk, hath disobeyed a judgment of this House of the 26th of February, 1661–2, concerning the inhabitants of Lowestoft and the town of Great Yarmouth, by forbearing to execute the same as was directed; and using flighting words, in a most contemptuous manner, against the honour and dignity of the House of Peers. It is ordered, by the Lords, Spiritual and Temporal, in Parliament assembled, That the Sergeant at-Arms attending this House, or his deputies, shall take the body of the said Roger Smith, as a delinquent, and forthwith bring him before the Lords in Parliament, to answer the said great offence. And this to be a sufficient warrant in that behalf.JO. BROWNE, Cleric Parliamenti.To the Sergeant-at-Arms attending this House, deputy or deputies; and to all Mayors, Justices, and others his Majesty’s officers, to be aiding in the execution of his order.
DIE LUNÆ, 13º April, 1663.
The house being this day certainly informed by oath, that Roger Smith, late under sheriff of the county of Norfolk, hath disobeyed a judgment of this House of the 26th of February, 1661–2, concerning the inhabitants of Lowestoft and the town of Great Yarmouth, by forbearing to execute the same as was directed; and using flighting words, in a most contemptuous manner, against the honour and dignity of the House of Peers. It is ordered, by the Lords, Spiritual and Temporal, in Parliament assembled, That the Sergeant at-Arms attending this House, or his deputies, shall take the body of the said Roger Smith, as a delinquent, and forthwith bring him before the Lords in Parliament, to answer the said great offence. And this to be a sufficient warrant in that behalf.
JO. BROWNE, Cleric Parliamenti.
To the Sergeant-at-Arms attending this House, deputy or deputies; and to all Mayors, Justices, and others his Majesty’s officers, to be aiding in the execution of his order.
It was further ordered that the admeasurement therein directed to be made and performed, should be executed again by the present Sheriffs of Norfolk and Suffolk, between the 15th of that instant April and the 24th of June then next.
DIE LUNÆ, 15º April, 1663.Upon the oaths of Sir Henry Bacon, baronet, and Sir John Pettus, knight, made this day at the bar; and the reading of a narrative subscribed by several Justices of the Peace, and many other gentlemen of quality of both the counties of Norfolk and Suffolk, on behalf of the townsmen of Lowestoft, in the said county of Suffolk. That on viewing the premises they find, that this key whereon the crane now standeth hath ever been called the crane key, and no other. And a resolution, declaration, and judgment, passed by the vote of the Lords Spiritual and Temporal, in the high court of Parliament assembled, dated the 26th February, 1661–2, between the said inhabitants of Lowestoft, and the bailiffs of Great Yarmouth, in the county of Norfolk, for the measurement of seven miles from the said crane key, in the haven of Yarmouth aforesaid, and to extend seven measured miles from the said key and no further, hath been disobeyed, and contemptuously neglected to be executed, by Roger Smith, the late under sheriff of Norfolk, although he was earnestly pressed to yield obedience, by making an admeasurement of the said seven miles, from the said crane key, as in the said judgement is directed; of which neglect and disobedience this House is very sensible. It is therefore now ordered and declared, by the Lords Spiritual and Temporal, in Parliament assembled, That a punctual obedience shall be yielded unto their former judgment, and that the measurement therein directed to be made and performed by the present sheriffs for the said counties, be made between the date hereof and the four and twenty day of June next ensuing.JO. BROWNE, Cleric Parliamenti.
DIE LUNÆ, 15º April, 1663.
Upon the oaths of Sir Henry Bacon, baronet, and Sir John Pettus, knight, made this day at the bar; and the reading of a narrative subscribed by several Justices of the Peace, and many other gentlemen of quality of both the counties of Norfolk and Suffolk, on behalf of the townsmen of Lowestoft, in the said county of Suffolk. That on viewing the premises they find, that this key whereon the crane now standeth hath ever been called the crane key, and no other. And a resolution, declaration, and judgment, passed by the vote of the Lords Spiritual and Temporal, in the high court of Parliament assembled, dated the 26th February, 1661–2, between the said inhabitants of Lowestoft, and the bailiffs of Great Yarmouth, in the county of Norfolk, for the measurement of seven miles from the said crane key, in the haven of Yarmouth aforesaid, and to extend seven measured miles from the said key and no further, hath been disobeyed, and contemptuously neglected to be executed, by Roger Smith, the late under sheriff of Norfolk, although he was earnestly pressed to yield obedience, by making an admeasurement of the said seven miles, from the said crane key, as in the said judgement is directed; of which neglect and disobedience this House is very sensible. It is therefore now ordered and declared, by the Lords Spiritual and Temporal, in Parliament assembled, That a punctual obedience shall be yielded unto their former judgment, and that the measurement therein directed to be made and performed by the present sheriffs for the said counties, be made between the date hereof and the four and twenty day of June next ensuing.
JO. BROWNE, Cleric Parliamenti.
Pursuant to these orders, letters were immediately sent to the sheriffs of Norfolk and Suffolk, from the gentlemen in the interest of Lowestoft, informing them, that the House of Lords had voted the late under sheriff of Norfolk, a delinquent, for his contempt of their order; and had ordered him to appear at the bar of their House to answer for the same. And that their Lordships insisted on a punctual obedience being paid to their order of the 26th of February, 1661–2, for an admeasurement, and to be carried into execution by the said sheriffs some time between the 13th of that instant April, and the 24th June next ensuing.
To the Sheriffs of the Counties of Norfolk and Suffolk,London, 16th April, 1663.Gentlemen, There having been a controversy depending a long time between the towns of Yarmouth in Norfolk, and Lowestoft in Suffolk, concerning the herring fishery; and after several hearings before his Majestyin Council and their Lordships in Parliament; it was ordered by the vote of the Lords Spiritual and Temporal, the 26th February, 1661–2, That the privileges of the seven miles granted to Yarmouth by the statute of 31 Edward III should be measured from the crane key in Yarmouth, towards Lowestoft, and at the end thereof a new post should be set up, which, accordingly was done. But the under-Sheriff of Norfolk refusing to join and yield obedience to their Lordship’s decrees, the under-Sheriff of Suffolk, at the importunity of Lowestoft made the said admeasurement, and drew up a narrative of the whole proceeding, which was subscribed by many gentlemen of quality there present; which, with their petition, was read on the 13th of this instant, April 1663, in the House of Lords; and Sir Henry Bacon, Bart., and Sir John Pettus, knight, being called to the bar, affirmed the same on oath. Whereupon their Lordships debated the matter, and for the contempt of the under sheriff of Norfolk, it was then voted by the Lords Spiritual and Temporal, in Parliament assembled, That the said under sheriff should be sent for as a delinquent; and that a punctual obedience should be given and yielded to their former judgment; and that the admeasurement therein directed to be made and performed by the present sheriffs for the said counties should be made between the date thereof and the 24th of June next ensuing. And in order thereunto, we, whose name are hereunto subscribed, do desire, that you will affix a certain time when and where you will please to meet us, and make the said admeasurement, that accordingly you may be attended by some of us, who are,Gentlemen, your servants,Hen. Bacon,John Rouse,Richard Cooke,Edm. Potre,E. Bacon,George Reeve.[110]We desire that you appoint the time about the 21st or 24th of May, and then we will be there to attend you.
To the Sheriffs of the Counties of Norfolk and Suffolk,
London, 16th April, 1663.
Gentlemen, There having been a controversy depending a long time between the towns of Yarmouth in Norfolk, and Lowestoft in Suffolk, concerning the herring fishery; and after several hearings before his Majestyin Council and their Lordships in Parliament; it was ordered by the vote of the Lords Spiritual and Temporal, the 26th February, 1661–2, That the privileges of the seven miles granted to Yarmouth by the statute of 31 Edward III should be measured from the crane key in Yarmouth, towards Lowestoft, and at the end thereof a new post should be set up, which, accordingly was done. But the under-Sheriff of Norfolk refusing to join and yield obedience to their Lordship’s decrees, the under-Sheriff of Suffolk, at the importunity of Lowestoft made the said admeasurement, and drew up a narrative of the whole proceeding, which was subscribed by many gentlemen of quality there present; which, with their petition, was read on the 13th of this instant, April 1663, in the House of Lords; and Sir Henry Bacon, Bart., and Sir John Pettus, knight, being called to the bar, affirmed the same on oath. Whereupon their Lordships debated the matter, and for the contempt of the under sheriff of Norfolk, it was then voted by the Lords Spiritual and Temporal, in Parliament assembled, That the said under sheriff should be sent for as a delinquent; and that a punctual obedience should be given and yielded to their former judgment; and that the admeasurement therein directed to be made and performed by the present sheriffs for the said counties should be made between the date thereof and the 24th of June next ensuing. And in order thereunto, we, whose name are hereunto subscribed, do desire, that you will affix a certain time when and where you will please to meet us, and make the said admeasurement, that accordingly you may be attended by some of us, who are,
Gentlemen, your servants,
Hen. Bacon,John Rouse,Richard Cooke,Edm. Potre,E. Bacon,George Reeve.[110]
We desire that you appoint the time about the 21st or 24th of May, and then we will be there to attend you.
But during the interval the said under sheriff presented a petition to the House, informing their Lordships that in consequence of his being taken into custody by the Sergeant-at-Arms, from a complaint being lodged against him by the inhabitants of Lowestoft and divers gentlemen of that neighbourhood, he had sustained great injury and inconvenience in his own private affairs; and also, as receiver of the monthly assessments in the county of Norfolk, and other monies belonging to his Majesty, his confinement was extremely prejudicial to his Majesty’s service. Therefore he prayed their Lordships either to discharge him from his confinement or to grant him a speedy hearing, so that he might prove his innocence, and discharge his duty to his Majesty.
The humble Petition of Roger Smith,of the city of Norwich,Sheweth, That upon a misinformation given to your lordships against your petitioner, this honourable House was pleased, on the 13th of this instant April, to order his being taken into custody by the Sergeant-at-Arms; by virtue whereof he is now under restraint, to his exceeding great damage, and the great neglect of the King’s Majesty’s service; your petitioner having the receipt of the monthly assessments in the county of Norfolk, and of other monies belonging to his Majesty; and to the great prejudice of other your petitioner’s weighty affairs.Wherefore your petitioner most humbly prays your Lordships, that you will be pleased either to discharge him from his said restraint, or grant him a speedy hearing; whereby your petitioner may clear his innocence, and betake himself to the discharge of his duty on his Majesty’s aforesaid service, and the dispatch of other his great employments.And your petitioner, as in duty bound shall ever pray, etc.,Roger Smith.
The humble Petition of Roger Smith,of the city of Norwich,
Sheweth, That upon a misinformation given to your lordships against your petitioner, this honourable House was pleased, on the 13th of this instant April, to order his being taken into custody by the Sergeant-at-Arms; by virtue whereof he is now under restraint, to his exceeding great damage, and the great neglect of the King’s Majesty’s service; your petitioner having the receipt of the monthly assessments in the county of Norfolk, and of other monies belonging to his Majesty; and to the great prejudice of other your petitioner’s weighty affairs.
Wherefore your petitioner most humbly prays your Lordships, that you will be pleased either to discharge him from his said restraint, or grant him a speedy hearing; whereby your petitioner may clear his innocence, and betake himself to the discharge of his duty on his Majesty’s aforesaid service, and the dispatch of other his great employments.
And your petitioner, as in duty bound shall ever pray, etc.,
Roger Smith.
On the reading of this petition before this House, on the 20th of April, and also the narrative subscribed by the gentlemen who attended the admeasurement, it was ordered by their Lordships, that as the said under sheriff denies the accusation contained in the said narrative, that he be brought to the bar the next day morning at ten o’clock; and that the persons who presented the saidnarrative, and attested the same on oath, do also give their attendance at the same time, and make good their charge, as they will answer the contrary thereof to that House.
Die Mercurii, 29th April, 1663.On reading the petition of Roger Smith, late under sheriff of the county of Norfolk, now in the custody of the Serjeant-at-Arms attending this House, for his delinquency in disobeying a judgment of this House, of the 26th February, 1661–2, concerning Lowestoft and Yarmouth; and in reading a narrative subscribed by several justices of the peace of Norfolk and Suffolk, setting out the said contempt: It is ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Roger Smith (who denies the accusation of the said narrative) be brought to the bar to-morrow morning, at ten of the clock; at which time such as have appeared on bringing in the said narrative, and have attested the same on oath, and to give their attendance on this High Court, at the time aforesaid, to make good the said charge. And herein obedience is to be given by such as are concerned therein, as the contrary will be answered to the House.Jno. Browne, Cleric. Parliamenti.
Die Mercurii, 29th April, 1663.
On reading the petition of Roger Smith, late under sheriff of the county of Norfolk, now in the custody of the Serjeant-at-Arms attending this House, for his delinquency in disobeying a judgment of this House, of the 26th February, 1661–2, concerning Lowestoft and Yarmouth; and in reading a narrative subscribed by several justices of the peace of Norfolk and Suffolk, setting out the said contempt: It is ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Roger Smith (who denies the accusation of the said narrative) be brought to the bar to-morrow morning, at ten of the clock; at which time such as have appeared on bringing in the said narrative, and have attested the same on oath, and to give their attendance on this High Court, at the time aforesaid, to make good the said charge. And herein obedience is to be given by such as are concerned therein, as the contrary will be answered to the House.
Jno. Browne, Cleric. Parliamenti.
Accordingly, on the day following, the said Roger Smith, Esq., late under sheriff, and his opponents, appeared before the House; when their Lordships, after hearing what his accusers had to alledge against him, and not being satisfied with such defence as he was able to make in answer thereto, were pleased to order, That the said Roger Smith, for refusing to execute a judgment of that House, dated 26th February, 1661–2, and also for uttering scandalous words against the honour and dignity of that high court, should immediately acknowledge his fault, and make submission upon his knees at the bar of that House, before their Lordships, in the words following:
I do humbly beg your Lordships’ pardon, and express my hearty sorrow for not executing your Lordships’ order, and for any unadvised words uttered by me, which might have any reflection upon your Lordships’ judgment and order, concerning the matter in difference betwixt the towns of Lowestoft and Yarmouth.
I do humbly beg your Lordships’ pardon, and express my hearty sorrow for not executing your Lordships’ order, and for any unadvised words uttered by me, which might have any reflection upon your Lordships’ judgment and order, concerning the matter in difference betwixt the towns of Lowestoft and Yarmouth.
And it was further ordered by their Lordships, that the said Roger Smith should make the like public submission in the face of the country, upon the place, and at the time appointed by that House, for the re-admeasurement to be made between the inhabitants of Lowestoft and the bailiffs of Great Yarmouth, according to a late order of that House of the 15th of that instant April; as he would answer for disobeying the same. And lastly that the said Roger Smith be released from his confinement, paying his fees.
DIE JOVIS, 30º April, 1663.Whereas Roger Smith, late under sheriff of the county of Norfolk, was this day brought to the bar as a delinquent, for refusing to execute a judgment of this House, dated the 26th of February, 1661–2, concerning the inhabitants of Lowestoft and the bailiffs of Yarmouth; which was now confirmed upon oath by Sir Henry Bacon, Bart., and Sir John Pettus, knt., who formerly did swear to the truth of a narrative presented to their Lordships, subscribed by several justices of the peace, and other gentlemen of quality of the counties of Norfolk and Suffolk, relating to the said judgment. As also for scandalous words spoken by the said Roger Smith against the honour and dignity of this high court. It is therefore proposed by the Lords Spiritual and Temporal, in Parliament assembled, That the said Roger Smith do immediately make his submission upon his knees at the bar of this House, before their Lordships, in these words following:“I do humbly beg your Lordships’ pardon, and express my hearty sorrow for not executing your Lordships’ order, and for any unadvised words uttered by me, which might have any reflection put on your Lordships’ judgment and order, concerning the matter in difference betwixt the towns of Lowestoft and Yarmouth.”And it is further ordered by the authority aforesaid, That the said Roger Smith shall make the like public submission in the face of the country, upon the place, and at the time appointed by this House for the admeasurement to be made between the inhabitants of Lowestoft and the bailiffs of Yarmouth, according to a late order of this House, dated the 13th of this instant April; and herein obedience is to be given, as the contrary will be answered tothis House. And lastly, That the said Roger Smith shall be released of his present restraint or imprisonment, paying his fees. And this to be a sufficient warrant in that behalf.JOHN BROWNE, Cleric. Parliamenti.
DIE JOVIS, 30º April, 1663.
Whereas Roger Smith, late under sheriff of the county of Norfolk, was this day brought to the bar as a delinquent, for refusing to execute a judgment of this House, dated the 26th of February, 1661–2, concerning the inhabitants of Lowestoft and the bailiffs of Yarmouth; which was now confirmed upon oath by Sir Henry Bacon, Bart., and Sir John Pettus, knt., who formerly did swear to the truth of a narrative presented to their Lordships, subscribed by several justices of the peace, and other gentlemen of quality of the counties of Norfolk and Suffolk, relating to the said judgment. As also for scandalous words spoken by the said Roger Smith against the honour and dignity of this high court. It is therefore proposed by the Lords Spiritual and Temporal, in Parliament assembled, That the said Roger Smith do immediately make his submission upon his knees at the bar of this House, before their Lordships, in these words following:
“I do humbly beg your Lordships’ pardon, and express my hearty sorrow for not executing your Lordships’ order, and for any unadvised words uttered by me, which might have any reflection put on your Lordships’ judgment and order, concerning the matter in difference betwixt the towns of Lowestoft and Yarmouth.”
And it is further ordered by the authority aforesaid, That the said Roger Smith shall make the like public submission in the face of the country, upon the place, and at the time appointed by this House for the admeasurement to be made between the inhabitants of Lowestoft and the bailiffs of Yarmouth, according to a late order of this House, dated the 13th of this instant April; and herein obedience is to be given, as the contrary will be answered tothis House. And lastly, That the said Roger Smith shall be released of his present restraint or imprisonment, paying his fees. And this to be a sufficient warrant in that behalf.
JOHN BROWNE, Cleric. Parliamenti.
All differences being thus far settled and adjusted, the next business which the inhabitants of Lowestoft proceeded upon, was to have the gentlemen in their interest inform the sheriffs of the counties of Norfolk and Suffolk that they appointed the 10th of June next ensuing, about ten o’clock in the morning, for the day whereon to make the said second admeasurement, and to have the same convenience at Yarmouth.
TheSHERIFFS ACCESSIONto theAPPOINTMENTfromLOWESTOFT.We do agree to the day and place appointed by mutual consent, between the sheriffs of Norfolk and Suffolk and the inhabitants of Lowestoft, for making the admeasurement between the towns of Yarmouth and Lowestoft, according to the several orders in Parliament and to be on the tenth day of June next, about ten o’clock of the morning, in Yarmouth.THO. MEADOWS,JOSEPH BRAND.22nd May, 1663.
TheSHERIFFS ACCESSIONto theAPPOINTMENTfromLOWESTOFT.
We do agree to the day and place appointed by mutual consent, between the sheriffs of Norfolk and Suffolk and the inhabitants of Lowestoft, for making the admeasurement between the towns of Yarmouth and Lowestoft, according to the several orders in Parliament and to be on the tenth day of June next, about ten o’clock of the morning, in Yarmouth.
THO. MEADOWS,JOSEPH BRAND.
22nd May, 1663.
In pursuance of this appointment, the order for the admeasurement was, without any difficulty or interruption, immediately carried into execution; and a certificate of the same was presented to the House of Lords on the 19th of June, 1663, by the right honourable Earl Cornwallis, attested by the sheriffs of Norfolk and Suffolk.
THE CERTIFICATE.DIE 19th Juij, 1663.To the right honourable the LORDS Spiritual and Temporal assembled in the High Court of Parliament.We the several and respective sheriffs of the counties of Norfolk and Suffolk, do humbly certify, to your Lordships, That, in obedience to an order of your honourable House, bearing date on Monday the fifteenth day of April last past, and of a former judgment of your honours bearing date the six and twentieth day of February, in the year of our Lord one thousand, six hundred and sixty-two, we have measured from the crane key, in the haven of Great Yarmouth, mentioned in your Lordships said last-mentioned judgement, seven miles, extending towards Lowestoft, there likewise mentioned. And in further pursuance of the said several orders and judgements, have, at the end of the said seven miles, given orders to set up a new post for the bounding of the limits, etc., according to your said orders and judgements, this present Wednesday, being the tenth day of June, in the fifteenth year of his Majesty’s reign.Joseph Brand,and Thos. Medowes, Sheriffs.Whereas James Wilde did declare, upon oath, at the bar, that the handwritings wherewith the said certificate is subscribed, are the hand-writings of the several sheriffs of the counties of Norfolk and Suffolk, and that he, the said James Wilde, did see them write the same.Jo. Browne, Cleric, Parliamenti.
THE CERTIFICATE.
DIE 19th Juij, 1663.
To the right honourable the LORDS Spiritual and Temporal assembled in the High Court of Parliament.
We the several and respective sheriffs of the counties of Norfolk and Suffolk, do humbly certify, to your Lordships, That, in obedience to an order of your honourable House, bearing date on Monday the fifteenth day of April last past, and of a former judgment of your honours bearing date the six and twentieth day of February, in the year of our Lord one thousand, six hundred and sixty-two, we have measured from the crane key, in the haven of Great Yarmouth, mentioned in your Lordships said last-mentioned judgement, seven miles, extending towards Lowestoft, there likewise mentioned. And in further pursuance of the said several orders and judgements, have, at the end of the said seven miles, given orders to set up a new post for the bounding of the limits, etc., according to your said orders and judgements, this present Wednesday, being the tenth day of June, in the fifteenth year of his Majesty’s reign.
Joseph Brand,and Thos. Medowes, Sheriffs.
Whereas James Wilde did declare, upon oath, at the bar, that the handwritings wherewith the said certificate is subscribed, are the hand-writings of the several sheriffs of the counties of Norfolk and Suffolk, and that he, the said James Wilde, did see them write the same.
Jo. Browne, Cleric, Parliamenti.
Thus was this long dispute and sharply-contested law-suit between Yarmouth and Lowestoft, respecting the herring-fishery, and which had been prosecuted by the respective parties for upwards of four years with the utmost vehemence, at length happily terminated by a decisive order of the House of Lords. Too much praise for this important and happy event can never be expressed by the inhabitants of this town on their worthy and indefatigable townsmen Mr. James Wilde, Mr. Samuel Pacey, and Mr. Thomas Mighells, who were the principal managers of this suit, and who so generously exerted themselves, during the whole transaction, in promoting the happiness of the place of their nativity, by defending its indisputable rights and privileges, and rescuing it from the ruin which threatened to overwhelm it. Consequently, their memories deserve to be transmitted to the latest posterity with the highest respect, veneration, and gratitude; and as their services for the interest of the town are too beneficial and important ever to be forgotten, so they who obtained them are deserving of every possible testimony of respect from their grateful townsmen, who to this day, are enjoying the fruits of their generous and unremitting labours for their benefit and happiness.
Soon after the settling of these differences, the town of Lowestoft sent letters of thanks to the several members of the House of Lords, who, during the debates, had interested themselves in defending and restoring to the town the re-possession of her ancient rights and privileges; namely, to Lord Hollis, the Earl of Anglesay, Earl Cornwallis, Lord Roberts, Lord Privy Seal, Lord Lucas, Lord Devereux, Lord Ashly Cooper, and others, acknowledging the many eminent services they had received from them; and assuring them, that for their great goodness and condescension, their Lordships would receive, as they were justly entitled, the thanks and prayers of many hundreds of the poor inhabitants of Lowestoft. The subjoined letter serves as a specimen of the whole.
TotheLORD ROBERTS, Lord Privy Seal.London, 28th June, 1663.My good Lord, I being prevented taking my leave of your Lordship at my going into the country, do humbly beg your pardon. And by these presents I presume to return your Lordship the most humble and hearty thanks of the poor town of Lowestoft, and the fishermen thereof, for your great condescension in appearing for them against their rich and powerful adversaries of Yarmouth. For which your lordships will assuredly have the prayers of many hundreds, and God’s acceptance of so charitable a work; rendering your name and fame ever deep in the memory of future ages. My Lord, it was my lot to follow the business of that poor town, encouraged by the friends of our cause, amongst whom your Lordship has been one of the most eminent. For which great kindness I cannot express my thankfulness so sufficiently as I would, being, alas!—Yet my good Lord, I shall presume to subscribe myself, your Lordship’s ever most humble and grateful servant,JAMES WILDE.
TotheLORD ROBERTS, Lord Privy Seal.
London, 28th June, 1663.
My good Lord, I being prevented taking my leave of your Lordship at my going into the country, do humbly beg your pardon. And by these presents I presume to return your Lordship the most humble and hearty thanks of the poor town of Lowestoft, and the fishermen thereof, for your great condescension in appearing for them against their rich and powerful adversaries of Yarmouth. For which your lordships will assuredly have the prayers of many hundreds, and God’s acceptance of so charitable a work; rendering your name and fame ever deep in the memory of future ages. My Lord, it was my lot to follow the business of that poor town, encouraged by the friends of our cause, amongst whom your Lordship has been one of the most eminent. For which great kindness I cannot express my thankfulness so sufficiently as I would, being, alas!—Yet my good Lord, I shall presume to subscribe myself, your Lordship’s ever most humble and grateful servant,
JAMES WILDE.
The expenses incurred by the town of Lowestoft in this suit with Yarmouth, amounted in the whole to about six hundred pounds. It was observed, in the former part of this section, that the town, in order to defray the charges of the suit with Yarmouth in the reign of Queen Elizabeth, respecting the situation of Kirkley road, had recourse to the rents and profits of the town lands; but on this occasion they made use of other methods, such as were judged the least burthensome to the town in general, and most effectual for the purposes for which they were wanted; such as levying a tax upon the herring fishery, and also upon the brewers and coopers residing in Lowestoft. The first levy was made in 1660, at two shillings a last upon herrings, which raised £67 12s.; the second levy was made in 1661, at five shillings a last upon herrings, which raised £114 9s.; the third levy was made in 1663, in the same manner as in the preceding year, which raised £159 2s. 3d.; the forth levy was made in 1665, which raised £108; and the fifth and last levy was made in 1674 (in order for a final discharge of all debts incurred by the town in the prosecution of this suit), and was made after the rate of two shillings upon every last of herrings, which raised £70. The levy made upon the brewers and coopers raised the sum of £62 10s., and was also applied to the purposes above-mentioned.
But notwithstanding this final decision of the House of Lords, in favour of the town of Lowestoft, it appears that the burgesses of Yarmouth were extremely unwilling to relinquish their former pretentions; and were so attached to their former interest and practices, as shewed but too much inclination to renew the disputes and disturbances which had agitated and distressed the respective towns for many years past. For we find, that about Michaelmas, 1663, (the first herring season after making the second admeasurement) the Yarmouth men, with their boats, came into Lowestoft south roads, and seized two vessels, the one a Dutch yagger, with red herrings for Holland; the other a French fisherman; from the former they took a barrel of red herrings, until he paid 14/- which they claimed as a duty due to Yarmouth, the same as though the vessel had been laden in their haven; from the latter they took their fish kettles, valued at 13s. 4d., under the same pretence. From these arbitrary and illegal proceedings, the fishermen were so alarmed and intimidated, as to be deterred from delivering their herrings at Lowestoft any longer, to the great injury of the fishers, and detriment of the town, which was in danger of being greatly impoverished thereby. To remedy thisinconvenience, Dr. Lewin, Judge of the Court of Admiralty in the county of Suffolk, for his royal highness the Duke of York, called a court at Lowestoft, in 1664, the jury whereof presented the Yarmouth men for exceeding the bounds which had been lately prescribed them, and fraudulently seizing the property of the fishermen. Shortly after Dr. Lewin called a second court at Lowestoft, and the Yarmouth men were summoned to appear, in order to make answer to the complaint of Lowestoft. The Yarmouth men appeared accordingly, and pretended to vindicate their proceedings upon the privileges of their charters. Dr. Lewin being more inclined to compromise the affair than to involve the parties in any fresh disputes, proposed, that if the Lowestoft men would forbear to prosecute the affair any farther, he would bury in oblivion, every appeal which had been made to that court; and therefore recommended it to each of the parties to pay their respective fees, and to suffer their differences, which only tended to revive their former animosities, totally to subside; and it seems that they agreed to Dr. Lewin’s proposal, and the difference was settled to their mutual satisfaction.
ARTICLES of AGREEMENT Between the Respective Parties on Terminating the Dispute.1st, That the admeasurement lately made, and the boundary mark that is set up, be ratified and confirmed.2ndly, That all fishers be free to sell their herrings in the roads of Lowestoft, or in any other place beyond the said seven miles, without any disturbance or interruption from the Yarmouth men.3rdly, That if any disturbance or interruption should be made by the Yarmouth men on the fishers or any others beyond the said seven miles, that the said Yarmouth men should forfeit £500, one moiety thereof to his Majesty, and the other moiety to —. Also the offending party to suffer three months’ imprisonment, without bail.And, lastly, that if the Yarmouth men shall at any time imprison, either at their own town or in any other place, any of the fishermen, for delivering their herrings at Lowestoft, or any other place beyond the said seven miles, that the said Yarmouth men shall forfeit treble damages to the party aggrieved, and be imprisoned three months without bail.
ARTICLES of AGREEMENT Between the Respective Parties on Terminating the Dispute.
1st, That the admeasurement lately made, and the boundary mark that is set up, be ratified and confirmed.
2ndly, That all fishers be free to sell their herrings in the roads of Lowestoft, or in any other place beyond the said seven miles, without any disturbance or interruption from the Yarmouth men.
3rdly, That if any disturbance or interruption should be made by the Yarmouth men on the fishers or any others beyond the said seven miles, that the said Yarmouth men should forfeit £500, one moiety thereof to his Majesty, and the other moiety to —. Also the offending party to suffer three months’ imprisonment, without bail.
And, lastly, that if the Yarmouth men shall at any time imprison, either at their own town or in any other place, any of the fishermen, for delivering their herrings at Lowestoft, or any other place beyond the said seven miles, that the said Yarmouth men shall forfeit treble damages to the party aggrieved, and be imprisoned three months without bail.
However the Lowestoft men were so exceedingly alarmed at the late infringement on their ancient privileges, and so very apprehensive of being compelled to exhibit fresh complaints against the Yarmouth men, before the House of Lords, that they had renewed their application to the several peers of that House who had espoused their cause during the late debate before that assembly, soliciting their interest, should they be under the necessity of presenting to the House another petition relative to the injurious proceedings of the Yarmouth men.
to theLORD ROBERTS,Lord Privy Seal.London, 16th April, 1664.My good Lord, Your Lordship having been graciously pleased, from the very first, to appear for the poor town of Lowestoft and the fishermen, against their powerful adversaries of Yarmouth; for which great condescension your Lordship has the prayers of many hundreds depending upon the said fishery, and the most humble and hearty thanks of that poor town, who implore the continuance of your Lordship’s favour; humbly beseeching your Lordship to peruse this short brief of the late pleadings before their Lordships in Parliament, and the cause of our present complaint that we are going up with to their Lordships, occasioned by the pride and malice of our potent adversaries, who concluded we were so disabled by the great charge of expense they had put us to, that we should never appear further in this matter, especially as they dared to shew such contempt for their Lordships’ order and judgment. But so it is, my Lord, that unless your Lordship shall, upon our petition being read in the House, be graciously pleased to plead for our future peace and security, the poor fishermen and your petitioners must be inevitably ruined. I beg your Lordship’s pardon for this presumption, which my necessity enforces me to, andfor the favour in having access to your Lordship in this case, especially now in the absence of our highly-honoured friend the Lord Hollis; and that I may subscribe myself, my good Lord,Your Lordship’s most humble and grateful servant,JAMES WILDE.
to theLORD ROBERTS,Lord Privy Seal.
London, 16th April, 1664.
My good Lord, Your Lordship having been graciously pleased, from the very first, to appear for the poor town of Lowestoft and the fishermen, against their powerful adversaries of Yarmouth; for which great condescension your Lordship has the prayers of many hundreds depending upon the said fishery, and the most humble and hearty thanks of that poor town, who implore the continuance of your Lordship’s favour; humbly beseeching your Lordship to peruse this short brief of the late pleadings before their Lordships in Parliament, and the cause of our present complaint that we are going up with to their Lordships, occasioned by the pride and malice of our potent adversaries, who concluded we were so disabled by the great charge of expense they had put us to, that we should never appear further in this matter, especially as they dared to shew such contempt for their Lordships’ order and judgment. But so it is, my Lord, that unless your Lordship shall, upon our petition being read in the House, be graciously pleased to plead for our future peace and security, the poor fishermen and your petitioners must be inevitably ruined. I beg your Lordship’s pardon for this presumption, which my necessity enforces me to, andfor the favour in having access to your Lordship in this case, especially now in the absence of our highly-honoured friend the Lord Hollis; and that I may subscribe myself, my good Lord,
Your Lordship’s most humble and grateful servant,
JAMES WILDE.